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HomeMy WebLinkAbout2015 04 13 Public Hearing 503 First Reading of Ordinance 2015-12, Staggering of BPAC and PARAC Member Terms COMMISSION AGENDA Informational Consent ITEM 503 Public Hearings X Regular April 13, 2015 KS Regular Meeting City Manager Department REQUEST: The City Attorney and City Clerk request that the City Commission consider approving, on First Reading, Ordinance 2015-12 proposing to retroactively and prospectively stagger the terms of committee members appointed to the Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory Committee. SYNOPSIS: The Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory Committee were created by the City Commission in 2010. The Bicycle Committee has 5 members appointed by the City Commission seat number. The Parks Committee has 9 members of which 5 are appointed by City Commission seat number and 4 are appointed at-large. The members of these committees do not currently have staggered terms. Therefore, all committee terms expire at the same time. This situation has made the reappointment of committee members unmanageable at times and may decrease the likelihood of continuity of experienced members on the committee. Based on the City Commission's previous direction, Ordinance 2015-12 proposes to retroactively stagger the terms of committee members serving on both committees. The terms of committee members serving in seats 1 through 5 will correspond to the terms of City Commissioner seats 1 through 5. The 4 members of Parks and Recreation Committee serving in at-large seats will be staggered to expire in years when there are no city commission terms expiring (aka off regular commission election years). CONSIDERATIONS: Public Hearings 503 PAGE 1 OF 4-April 13,2015 1. Ordinance 2010-06 created the Bicycle and Pedestrian Advisory Committee (5 members appointed by City Commission seats 1 through 5) and the Parks and Recreation Advisory Committee (9 members of which 5 are appointed by City Commission seats 1 through 5 and 4 are appointed at-large by the Mayor and City Commission). 2. Since the creation of these committees, the City Commission has made appointments to the committees in accordance with the City's uniform board and committee procedures set forth in Section 2-41 of the City Code, specifically: (d) Appointment of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three,four and five, and appointments shall be as follows: (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty-day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (2) For any seat not corresponding to a commission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (3) All appointments to a city board or committee are not effective until the appointment is ratified by majority vote of the city commission. (4) A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in serving on a board or committee including, but not limited to a contract, liberty,property or vested right. (bold emphasis added). 3. Each committee member serves a four (4) year term. However, the terms of the committee members are not currently staggered. The terms of Parks and Recreation Advisory Committee members expire in January 2019 and the Bicycle and Pedestrian Advisory Committee members expire in November 2018. 4. Due to the difficulty associated with making reappointments to an entire committee at the same time, the City Commission recently directed the City Clerk and City Attorney to determine a means to stagger the terms of existing committee members serving on the these committees. 5. Staggering the terms of the committees will make future reappointments to the committees more manageable and will increase the likelihood of maintaining continuity Public Hearings 503 PAGE 2 OF 4-April 13,2015 of experienced members on the committee because the terms of all committee members will no longer expire at the same time. 6. Ordinance 2015-12 proposes to retroactively stagger the terms of the committees by making the term of each committee member, which has been assigned by seat number, run concurrently with the same corresponding City Commissioner seat number. Therefore, when the term of a City Commissioner seat expires in November of the applicable City Commission regular election year, the term of the committee member with the same corresponding seat number will also expire. However, because the Parks and Recreation Committee also has four(4) at-large seats, those seats will be staggered to expire on November 1 in years where there are no City Commissioner terms expiring (aka off regular commission election years) in order to further stagger the terms of all members of the Parks and Recreation Committee. 7. Ordinance 2015-12 will effectuate the staggering of Parks and Recreation Committee members by shortening and modifying the current January 2019 term expiration date. Specifically, the members assigned by seat will have a new term expiration which corresponds to the term of the City Commissioner with the same seat number as follows: Seat One Arnie Nussbaum November 2016 Seat Two Arthur Gallo November 2018 Seat Three James Van Kleunen November 2016 Seat Four Rick Lecky November 2018 Seat Five Ken Greenberg November 2016 In addition, with respect to the current four (4) at-large members of the Parks and Recreation Committee, The new term expiration dates were randomly assigned by placing the at-large members in alphabetical order as follows: At-large Arsenio Calle November 1, 2017 At-large Louis Chaves November 1, 2017 At-large Lynn Dehlinger November 1, 2019 At-large Robert Osborne November 1, 2019 8. Ordinance 2015-12 will effectuate the staggering of Bicycle and Pedestrian Committee members by shortening and modifying the current November 2018 term expiration date. Specifically, the members assigned by seat will have a new term expiration which corresponds to the term of the City Commissioner with the same seat number as follows: Seat One Janice Sorrentino November 2016 Seat Two Dan Finley November 2018 Seat Three Gary Brook November 2016 Seat Four Kok Wan Mah November 2018 Seat Five Kathleen Roy November 2016 9. Upon adoption of Ordinance 2015-12, the City Clerk is directed to notify the affected committee members of their respective new terms and update the current committee rosters accordingly. Public Hearings 503 PAGE 3 OF 4-April 13,2015 FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Clerk recommend approval of Ordinance 2015-12 on First Reading. Upon passage of First Reading, Ordinance 2015-12 will be publicly noticed in a newspaper of general circulation for second and final reading/public hearing to be held at a subsequent City Commission meeting. ATTACHMENTS: A- Ordinance 2015-12 (5 pages) Public Hearings 503 PAGE 4 OF 4-April 13,2015 Attachment "A" ORDINANCE NO. 2015-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTIONS 2-43, BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE, AND 2-45, PARKS AND RECREATION ADVISORY COMMITTEE, OF THE CITY CODE FOR PURPOSES OF RETROACTIVELY STAGGERING THE TERMS OF THE RESPECTIVE COMMITTEE MEMBERS EFFECTIVE APRIL 27, 2015; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Ordinance 2010-06, the City Commission created a bicycle and pedestrian advisory committee and a parks and recreation advisory committee and thereafter made appointments to said committees pursuant to Section 2-41 of the City Code; and WHEREAS,the terms of said committee members are not currently staggered; and WHEREAS,the City Commission desires to stagger the terms of said committees in order make future reappointments to the committees more manageable and for purposes of increasing the likelihood of maintaining continuity of experienced members on the committee rather than having the terms of all committee members expire at the same time; and WHEREAS,the City Commission of the City of Winter Springs,Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Amendment to Section 2-43. The City of Winter Springs Code Section 2-43, Bicycle and Pedestrian Advisory Committee,is hereby amended as follows(underlined type indicates additions and strikeout type indicates deletions): City of Winter Springs Ordinance No. 2015-12 Page 1 Sec. 2-43. - Bicycle and pedestrian advisory committee—Creation; composition; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee." (b) The committee shall have five (5) members and membership on the committee shall be in accordance with the terms of section 2-42 of this code except as expressly provided in this section. Effective April 27, 2015, the term of each committee member assigned by seat number shall be retroactively staggered to run concurrently with the same corresponding city commissioner seat. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. The committee may additionally include ex officio members, who may or may not be residents of the city, who can provide technical support or expertise in any aspect of the committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for meetings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. (c) Appointees to the committee shall have knowledge and experience or interest in the planning and implementation of a city interconnected trail and bicycle system network, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e) The committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (f) The committee shall be subject to the Florida Public Records Act and the Sunshine Law. Section 3. Amendment to Section 2-45. The City of Winter Springs Code Section 2-45, Parks and Recreation Advisory Committee, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Sec. 2-45. - Parks and recreation advisory committee—Creation; composition; appointment of members. City of Winter Springs Ordinance No. 2015-12 Page 2 (a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's comprehensive plan, the city hereby creates a Parks and Recreation Advisory Committee. (b) The committee shall have nine (9) members and membership on the committee shall be in accordance with the terms of section 2-42 of this Code except as expressly provided in this section. Effective April 27, 2015, the term of each committee member assigned by seat number shall be retroactively staggered to run concurrently with the same corresponding city commissioner seat and the four at-large committee members shall be retroactively staggered whereby the first two at-large committee members, currently serving on the committee on April 27, 2015 and identified by alphabetical order of their respective last names, shall have a term that expires on November 1, 2017 and the remaining two at-large committee members shall have a term that expires on November 1, 2019. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. The membership of the committee shall, whenever possible, include the following: (1) An active member of the Winter Springs Senior Association; (2) An active member of a youth sports organization or program; (3) An individual who is active in planning or assisting with special events of the city; (4) An individual who is active in an adult sports organization or program; (5) An individual who uses or accompanies children in the use of city playgrounds; (6) An active member of a conservation group or agency, or an individual with experience in the use of parks for public purposes; (7) An individual who participates in or supervises children who participate in the city's summer program(s), civic center program(s), camp(s) or other similar program(s). (8) An individual who is active in fundraising efforts; (9) An individual with general interest in parks and recreation. (c) Appointees to the committee shall have knowledge and experience or interest in the planning and implementation of city parks and recreational facilities, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. City of Winter Springs Ordinance No. 2015-12 Page 3 (e) The committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (f) The parks and recreation advisory committee shall be subject to the Florida Public Records Act and the Sunshine Law. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date of Ordinance. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 8. Effective Date of the Staggered Terms of Committee Members. The staggering of the terms of the committee members who are subject to this Ordinance shall apply retroactively in accordance with the terms and conditions of this Ordinance. The City Clerk is hereby directed to promptly notify all affected committee members of this Ordinance and their respective new committee terms adopted by this Ordinance. The City Clerk shall also update the City committee member for each committee to reflect the changes adopted by this Ordinance. [Adoption page follows] City of Winter Springs Ordinance No. 2015-12 Page 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 27th day of April, 2015. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2015-12 Page 5